People v. Jefferson CA2/2

BACKGROUND

Though defendant was originally charged with nine felonies and two misdemeanors, following a preliminary hearing, three counts were dismissed. Defendant was held to answer on three counts of robbery in violation of section 211 (counts 1, 5, and 10), three counts of grand theft in violation of section 487, subdivision (a) (counts 4, 7, and 8), and two misdemeanor counts of petty theft in violation of section 484, subdivision (a) (counts 9 and 11). The information also alleged that defendant had suffered a prior serious felony conviction (robbery), which rendered him subject to sentencing under sections 1170.12, subdivision (b), and 667, subdivisions (b)-(j). Prior to trial, the court granted defendant’s motion to dismiss counts 4, 5, 8, 9, 10, and 11 after the prosecution announced it was unable to proceed. The matter proceeded to jury trial on counts 1 and 7. The jury found defendant guilty of second degree robbery, as alleged in count 1, and of misdemeanor petty theft, a lesser

All further statutory references are to the Penal Code, unless otherwise indicated.

2 included offense of grand theft, as alleged in count 7. Defendant admitted his prior serious felony…